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Divorce Will Always Be A Difficult Issue

Reasons to choose Wilson Browne

There has been significant coverage in recent years of the Divorce, Dissolution and Separation Bill.

When it comes into effect, it will allow separating couples to divorce on a “no fault” basis. Currently, couples wanting to separate in the UK must rely on one of a number of ‘facts’ to prove that their marriage has irretrievably broken down. These facts are:

  • Unreasonable behaviour
  • Adultery
  • Desertion
  • Separation for at least 2 years with the consent of both parties
  • Separation for at least 5 years

This results in many cases, where spouses have naturally drifted apart over the years, with one having to blame the other to prove the relationship has broken down. The new Bill has been widely praised and it is hoped that it will reduce unnecessary conflict and allow for separating couples to focus on more important issues such as children, property and finances. However, it would appear that not everyone is in agreement.

It was in the news this week that an IT consultant, Charles Ayeh-Kumi, is claiming his human rights have been breached after his wife was granted a divorce. Mr Ayeh-Kumi is mounting a legal action in the High Court to challenge England’s ‘easy’ divorce laws. He is reportedly bringing the case on the basis that the use of unreasonable behaviour as a ground for ending marriages is too vague, as it is not defined in law, making separation and divorce too easy. Furthermore, it is reported that he argues that the “no fault” divorce legislation should also be repealed as it will make the process even easier.

Divorce will always be a difficult issue for everyone to contend with, but what is important is that couples are able to do it in a thought out and dignified manner, whilst ensuring that the needs of any children are at the forefront of everyone’s thoughts and decisions.

If you would like to discuss divorce or separation, please do not hesitate to contact our Family Law team on 0800 088 6004.

Joe O’Brien

Posted:

Joe O’Brien

Solicitor

Joe is a solicitor who specialises in divorce, children, financial remedy, TOLATA, cohabitee disputes and pre-nuptial agreements and has previously provided commentary to the BBC.